New rules for estate agencies in Croatia: what changed for buyers and sellers in July 2026

On 7 July 2026, Croatia’s new Real Estate Brokerage Act (Zakon o posredovanju u prometu nekretnina) came into force. It was promulgated on 29 June 2026 in the Croatian Official Gazette, Narodne novine No. 69/2026, and replaced the previous legislation, whose foundations dated back to 2007.

The new legislation tightens the requirements for real estate brokers and agents, defines the rules on contracts, advertising, viewings and fees more precisely, and strengthens public oversight of the market. Croatia’s Ministry of the Economy presents the changes as a step towards greater consumer protection, transparency and clearer duties for brokers.

For buyers and sellers, the most important issues are practical ones: who is allowed to broker property transactions, when a contract is required, when a fee may be charged and what a simple visit to an advertised property does not in itself entail.

What exactly took effect on 7 July 2026

The Act regulates the conditions for providing real estate brokerage services, contracts and general terms and conditions, the rights and obligations of brokers, agents and clients, fees, professional examinations, public registers, supervision and penalties.

Not every implementing detail necessarily had to be reissued on the first day the Act took effect. The Act sets deadlines for adopting secondary legislation and other instruments, while keeping specified existing regulations in force until they are replaced. Anyone dealing with a particular case should therefore also check the current implementing rules.

The difference between a broker and a real estate agent

Croatian law distinguishes between a broker (posrednik) and an agent. A broker is a company or sole trader authorised to provide real estate brokerage services. An agent is an individual who has passed the professional examination, is entered in the agents’ directory and works for one broker under an employment contract.

Passing the professional examination alone therefore does not entitle someone to operate an estate agency independently. To meet the statutory conditions, a broker must also demonstrate that it employs at least one agent on a full-time basis. The Croatian Chamber of Economy (HGK) also highlights this change.

Check the agency in the official register before working with it

Paid real estate brokerage services may be provided only by entities that meet the statutory requirements. The HGK maintains a public Register of Brokers and a separate Directory of Agents.

Checking the registers is a simple first step for a client. An advertising claim that someone is a “licensed agent” is not enough. It is advisable to verify both the agency and the individual with whom the client is dealing. Registration confirms compliance with formal requirements, but it does not automatically guarantee the quality of the service; experience, references, the scope of the service and the contractual terms should also be considered.

Good repute and mandatory ethical rules

The new Act introduces a good repute requirement for brokers and certain persons connected with their ownership or management. It specifies criminal offences and other circumstances that preclude this requirement from being met, including ongoing criminal proceedings for specified offences.

Ethical rules also become a mandatory part of the system. The HGK adopts the general instrument on ethical business conduct with the ministry’s approval and also monitors compliance. According to the HGK’s explanation, this extends ethical standards to brokers that did not voluntarily subscribe to the previous code.

A property cannot be advertised without a contract with the owner

An estate agency may not advertise a property unless it has first concluded a brokerage contract with the owner. The advertisement must also state the agency’s business name and registered office address, or provide a link to its branch addresses.

The rule is intended to increase accountability for published listings. For a seller, it means that an agency must have contractual authority to market the property; for a buyer, it may help reduce unauthorised, duplicate or outdated advertisements. The Act itself does not, however, guarantee that every detail in a listing is accurate, so legal and technical due diligence on the property remains important.

A viewing must not be conditional on signing a brokerage contract

If an agency advertises a property under a contract with its owner, it may not make a third party’s viewing conditional on that person first signing a brokerage contract. A viewing confirmation may be signed during the visit, but this does not create a brokerage contract and the confirmation must not include an obligation for the visitor to pay a fee.

This is an important safeguard for prospective buyers who simply want to see a specific property advertised to the public. Index.hr also summarised the practical effect of the new rules shortly before they took effect.

When the agency is also providing a service to the buyer

The situation is different when a buyer commissions a professional brokerage service of their own. Examples cited by the HGK include a targeted search based on specified criteria, sending suitable listings, notifications of new opportunities, advice, negotiation and coordination of the purchase process.

This relationship should be governed by a written contract. Before signing, it must be clear which services the agency will actually provide for the buyer, how long the contract will last, the amount of the fee and any additional costs, and when the right to payment arises.

The fee must be based on a written contract

A brokerage contract must be concluded in writing and for a fixed term. If the contract does not specify a term, the Act provides for twelve months. Among other matters, the contract must set out the subject of the brokerage, the type of transaction contemplated, the amount of the fee, details of additional services and costs, and the broker’s registration number. It must also include the signed price list in force when the contract was concluded.

An agency may not charge a fee to a buyer, tenant or other third party that has not entered into a brokerage contract with it. As a general rule, the right to a fee arises only when the brokered contract is concluded, or when a preliminary contract is concluded if the parties have expressly agreed this. The Act also prohibits requiring payment of the fee in advance of that point.

Charging both seller and buyer is possible, but subject to conditions

An agency may receive a fee from both the seller and the buyer in relation to the same property only if it has concluded a separate brokerage contract with each party. A buyer therefore does not owe a fee merely because the agency represents the seller or has allowed the buyer to view the property.

If both contracting parties pay a fee, the total amount charged for the same property must not exceed the highest amount specified in the price list in force when the contracts were concluded. Before signing, the broker must inform the parties in writing of each individual fee and the total amount.

Mandatory professional indemnity insurance is substantially higher

A broker must hold professional indemnity insurance covering loss caused to a client or third party in the course of its activities. The minimum cover is now:

• EUR 100,000 for a single insured event,
• EUR 300,000 for all claims during one insurance year.

These are statutory minimum limits, not an automatic guarantee that every loss will be compensated. In a specific case, the insurance terms and the legal assessment of liability also matter.

START Plus, public lists and more detailed records

Applications from brokers and agents are submitted electronically through the START Plus service. The ministry issues the relevant decisions and the HGK uses them as the basis for entries in the Register of Brokers and Directory of Agents.

Agencies must keep records of every brokerage contract they conclude, including those where no transaction ultimately takes place. The records include information prescribed by law about the parties, the property, price, fee, additional services and the applicable price list. The aim is better traceability and more transparent supervision of activities.

Supervision and penalties are stricter

The HGK monitors compliance with the ethical instrument, the ministry exercises administrative supervision and market inspectors from Croatia’s State Inspectorate enforce the statutory rules. If the basic requirements are not met or services are provided without the ministry’s decision, an inspector may prohibit further brokerage activity.

The official text of the Act provides, for example, for fines of EUR 3,000 to EUR 6,000 for brokers in respect of selected breaches of operational rules. A legal entity or sole trader providing services without meeting the requirements or without the required ministry decision may face a fine of EUR 15,000 to EUR 30,000. The specific penalty always depends on the nature and circumstances of the infringement.

What the new Act means for buyers

Before working with an agency, it is advisable to take a systematic approach:

• check the agency in the Register of Brokers and the individual agent in the Directory of Agents,
• distinguish a simple viewing of an advertised property from a service commissioned for the buyer,
• do not treat a viewing confirmation as a brokerage contract,
• before signing, establish the exact scope of the service, the term of the contract, the fee and any additional costs,
• check whether the agency also acts for the seller and how the fees are allocated,
• ask for every provision to be explained, especially exclusivity, termination and the point at which entitlement to the fee arises.

The sale and purchase contract, title and the property’s technical condition require separate due diligence. Regulation of estate agencies does not replace those checks.

What the new Act means for sellers

Before a property is advertised, its owner should conclude a written contract with the agency and review in particular the scope of marketing, the price of the service, additional costs, the duration of the engagement and any exclusivity. A sole agency arrangement must be expressly agreed, and the broker must draw the client’s attention to its legal effects.

The seller must provide the agency with accurate information about the property and the documents available. The seller should also monitor whether the advertising continues to reflect the agreed terms and the actual status of the listing.

What the Act does not address: prices and housing affordability

The new rules primarily regulate professional brokerage. They do not set purchase prices, increase the housing supply by themselves or resolve affordability problems. Regional differences, limited supply, tourist use of properties, foreign demand and owners’ price expectations therefore remain separate market issues.

More transparent advertising may improve visibility of properties that are genuinely available, but it cannot be assumed to produce lower prices or faster transactions.

Four rules worth remembering

• Check both the broker and the agent in the public registers.
• An agency may not advertise a property without a contract with its owner.
• A simple viewing may not be made conditional on a brokerage contract, and a viewing confirmation must not create an obligation to pay a fee.
• A fee may be charged to a person who has entered into the relevant contract with the agency; additional disclosure and price limits apply when both parties are represented.

This article summarises general rules in force on its publication date and is not a substitute for individual legal advice. Before signing a contract or dealing with a dispute, consult the current Croatian legislation and seek advice from a qualified professional.

Sources

• Narodne novine 69/2026: Real Estate Brokerage Act
• Croatian Ministry of the Economy: greater consumer protection and clearer rules
• HGK: the new Act governs relationships and rights in property purchases and rentals
• Index.hr: overview of the changes for property buyers
• Digital Chamber: public Register of Brokers